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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18790
Experience:  Lawyer and current JAG officer.
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I have been in the Navy 24 years, I have 2 years left on

Customer Question

Hi I have been in the Navy 24 years, I have 2 years left on my enlistment and really have no desire to serve anymore because I was ordered 500 miles from my wife and kids. She will not move and threatens divorce if I do not come home. WHAT TO DO?
JA: OK. The Military Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: Nope
JA: Please tell me everything you can about this issue so the Military Lawyer can help you best. Is there anything else important you think the Military Lawyer should know?
Customer: Only that I would like to RETIRE! ASAP
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Military Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Military Law
Expert:  Allen M., Esq. replied 5 months ago.
Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. It seems that you are requesting to leave before your enlistment period is up. At least, that is what I get from your question. Separations from the service are not simple. Despite what many people are led to believe, there are not loopholes to military service that you can use to compel an early separation. Commanders always have the choice, except in methods of separation involving a civilian criminal conviction or a failed drug test (and you don't want to do either of those). Any separation that is going to save your retirement rights is going to require command approval. Now, you certainly have the facts to allow a willing commander to separate you based on family hardship, but this is something you will have to work through your commander to achieve. The best approach is to first discuss the matter with a chaplain, mental health and a family advocate, so that you get all the secondary helpers involved first. That way, when you go to command, you have the support of the individuals that your commander would look to in order to answer the question. If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.
Expert:  Allen M., Esq. replied 5 months ago.
Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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